General Terms & Conditions and Privacy Policy

Version May 16th, 2019

1. Terms of Services‘Next Big Brand’ may revise the General Terms at any time without notice. You should revisit this Site periodically to ensure you are up to date and aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.

2. Services

‘Next Big Brand’, is an marketing consultancy that advises companies in the Software-as-a-Service (SaaS) and related industries, providing sales, marketing, research and analysis services. As part its services, Next Big Brand also provides advice on the brand and online (internet) footprint.

3. Use of the Site

A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. We will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:

Logging into or attempting to log into a server or account that you are not authorized to access;

Accessing data or taking any action to obtain services not intended for you or your use;

Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;

Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Site or Services;

Interfering with, intercepting or expropriating any system, data or information; or
Interfering with service to any user, host, or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system.

B. “Spam” and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).

C. Infringement. You are prohibited from using the Site or Services to infringe on any person’s copyright, trademark, patent or other intellectual property rights. We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.

D. Other Prohibited Actions. In using the Site or Services, you must not:

Post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person’s privacy or other rights, or any material that ‘Next Big Brand’ in its sole discretion does not wish posted or transmitted on the Site and Services;

Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;

Engage in and/or encourage conduct that would: 1) violate any applicable law or regulation or 2) give rise to civil liability;

Engage in conduct which could damage or impair the intended operability of the Site or the Services.

Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting;

Engage in deceptive online marketing; or

Assist or permit any persons in engaging in any of the activities described above.

‘Next Big Brand’ shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site or the contents on this Site or the performance of the Site, or any products described on this Site, even if ‘Next Big Brand’ has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. If you are dissatisfied with any portion of the Site or with any of these terms, your sole and exclusive remedy is to discontinue using the Site.

5. Liability

5.1 Any liability of Next Big Brand towards the client for damages relating to its services shall be limited to the amount that will be paid out under the professional liability insurance(s) of Next Big Brand by the insurer(s) in the matter concerned, which amount shall be maximized to the total invoice amount paid by the client to Next Big Brand for the services to which the damages directly relate. Upon request, the client will be provided with information on the professional liability insurance(s) of Next Big Brand

5.2 Next Big Brand shall in any event not be liable for any indirect and/or consequential damages, including (but not limited to) loss of profits and loss of sales.

5.3 Next Big Brand shall be notified as soon as possible in writing by the client of any alleged damages for which the client intends to hold Next Big Brand liable, ultimately within 30 (thirty) days from the date on which the client became aware or reasonably should have become aware of the alleged damages, accompanied by a proper substantiation of such alleged damages, after which term any claim for damages shall lapse.

5.4 Any claim against Next Big Brand shall in any event lapse after 12 (twelve) months from the date of the most recent invoice pertaining to the services of Next Big Brand, to which the claim directly relates.

5.5 Next Big Brand shall not be liable for any damages or losses caused by any third persons involved in the provision of services to the client.

6. Applicable Law and Dispute Resolution

This Agreement shall be governed by the laws of The Netherlands, you and ‘The Next Big Brand’ designate the courts of The Netherlands, for the exclusive resolution of that dispute and submit to the jurisdiction of that court.

The Next Big Brand are registered in the Amsterdam Chamber of Commerce, having AddressHerengracht 282, 1016 BX, Amsterdam The Netherlands.

Privacy Policy

Next Big Brand

Who we are

‘Next Big Brand’, is an marketing consultancy that advises companies in the Software-as-a-Service (SaaS) and related industries, providing sales, marketing, research and analysis services. As part its services, Next Big Brand also provides advice on the brand and online (internet) footprint. You can contact Next Big Brand at Herengracht 282, 1016 BX, Amsterdam, The Netherlands.

Next Big Brand respects your privacy. It is Next Big Brand’s duty and responsibility to protect your privacy when you use its website and related services.

Next Big Brand will let you know what data is collected when you use its services and how we store and processes this information via the websites https://Next Big Brand

Your personal data will be treated confidentially and in accordance with the Law: General Data Protection Regulation (General Data Protection Regulation (GDPR)). This Law takes effect on 25-05-2018.

This privacy policy applies to all Next Big Brand services that are requested via the above mentioned websites. We might collect or receive personal data from you via our websites, forms via the on-line pop-up contact request, forms, which may include your name, address, telephone number, email address, IP address and any other unique means of identification or custom data shared with us (including but not limited to organization, role, affiliations, department, education and skills, sector or industry, geographic location, social media accounts, preferences or purchase history) and your online behaviors and interactions with the aforementioned websites or services.

By using this website and by ‘agreeing’ to one or more of the consenting applications on the website(s) you indicate to accept the privacy policy.

Disclaimer

Next Big brand cannot can not be held responsible for the privacy policy of other websites and third party sources.

Use of collected data

If you use the services of Next Big Brand and/or its brand NextBigBrand.com, you may be asked to provide personal information. This data is used to perform the service and we keep this data to improve our services and your user experience in the future. We also collect the personal information to send information about our services or answering a contact request. This data is stored on Next Big Brands own secure servers or those of a third party.

A processor agreement is always concluded with a third party who acts a data controller. The data are not combined with other personal data that it possesses.

A processor contract is a contract with third parties that stipulates that the personal data obtained is handled carefully, in accordance with the (GDPR) Law, and the personal data may only be used for the purpose of the entity’s ability to perform its services. The information therefore may not be used by the third party for its own purposes.

Personal Data

Personal data a per the legislation GDPR defined as any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier.

Personal data will never be provided to third parties without your permission, unless this is legally required.

Which information is requested? (this varies per requested service but may include):

Name

Address

Residence

Phone number

Date of birth

Email address

Communication

Where we get out data from

We get our data you provide to us directly. In addition webpage request for information forms (RFI), tracking technologies (such as click through links, cookies and web beacons), email and instant messaging systems, telephones, voicemail, mobile phone records, and other hardware and software owned, used or provided by or on behalf of us.

When you send an email to us (hello@NextBigBrand.com) any of our email addresses, it is possible that those messages are saved. Sometimes you will be asked for your personal details that are relevant to the situational question. This makes it possible to process your questions and answer your requests. The data is stored on our servers and a secure third party provider.

Newsletter and free Services

As part of our services, Next Big Brand and NextBigBrand.com send newsletters and these can also be requested via a Request For Information (RFI) form via the website(s). By using this feature you will automatically be added to the email list. These newsletters contain information about the industry, trends, our services, advertising, news and any information deemed valuable for our clients every few weeks. In other cases, we will also inform you of free or paid events.

A double An opt-out option is included for every communication along with an unsubscribe option, you may at any time also request to be removed from this list by contacting hello@NextBigBrand.com

Cookies

Next Big Brand collects data for research in order to gain a better insight to our clients and to tailor our services and improve the future experience the website visitors.

When you use our website we may gather information about you through cookies and similar technologies.

‘Cookies’ are text files stored on your computer to designed to hold a modest amount of data specific to a particular user and website, for behavioural information. These are used to track website usage, monitor website and related data activity. A cookie cannot usually be used to reveal your identity or personally identifying information. You may and have the right to delete and block all cookies from these websites, however parts of the site will not work.

The information generated by cookies about your use of the website can be transferred to Next Big Brand secure servers or those of a third party. The information is used to keep track of how you use the website, to compile reports on website activity and to offer other services relating to website activity and internet use.

To find out more about the cookies we use and how to delete them you can visit the help page for your specific browser as below:

Why we process information

We process this information for delivery of our services, to improve, change, personalize or otherwise improve our services for the benefit of our customers including reporting on usage trends. This helps us understand better how our visitors interact with the websites, in turn helps us improve our services, advertising and understanding our clients and visitors. This also helps us to comply with legal or regulatory obligations and employ benchmark best practice. This also enables us to contact individuals existing and new clients that show an interest in our services.

No information is collected or used for purposes other than the purposes described in this privacy policy, unless your written permission has been obtained beforehand.

Third parties

Next Big brand is obliged and responsible to respect the confidentiality of your data, in accordance with the GDPR.

In some cases, the information can be shared internally to process the data however any collaborating member is obliged and responsible to respect the confidentiality of your data, in accordance with GDPR. When engaging a collaborating team, a processor agreement is signed for each team member (the third party) and for every (new) activity that is necessary to provide the service.

Change or delete personal details

Please contact hello@NextBigBrand.com when you would like to correct, change or request information we hold relating you. You can use the same email should you object to processing your information and or you would like to delete your information.

At the bottom of each mailing you will find the possibility to change your details or to unsubscribe from our mailing list.

Changes privacy statement

This privacy statement has been coordinated and drawn up in accordance with (GDPR) Law. Any adjustments and / or changes to the website(s) and services may result in changes to this privacy statement. This is adjusted in the ‘privacy policy’ document. Changes are also mentioned on the website.

If the GDPR Law changes, changes will reflect the new amendments implemented in the privacy policy of hello@NextBigBrand.com. It is advisable to regularly consult this privacy policy. NextBigBrand.com regularly checks whether this privacy policy meets the requirements set by the GDPR. If you have any questions about this privacy policy, please contact: hello@NextBigBrand.com